AKULA KALESHRA RAO Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant/accused preferred th present Criminal Appeal as against the Judgment dated 21-1-2000 made in S.C No. 322/97 on the file of Assistant Sessior Judge, Gurazala convicting the appellant accused for an offence under Section 376 IPC and sentencing him to undergo Rigorous Imprisonment for ten years and also to pay a fine of Rs. 5,000/- and in default of payment of fine, to undergo Simple Imprisonment for six months.

(2.) Facts in nut-shell: The appellant/accused at the relevant point of time was a Constable attached to Rentachintala Police Station. P.W. 1 is the prosecutrix. P.W. 2 is the niece and P.W. 3 is the son of P.W. 1. On 24-12-1995 at about 7 p.m. in the absence of P.W. 1 Police came to the house of P.W. 1 and enquired about P.W. 1 and after her return to the house she was informed of the same. The police searched the house of P.W. 1. At the time cf search P.W. 3 and his three brothers were present in the house. Again at 2 a.m. on 25-12-1995, the appellant/accused and another Dasaradha Ramaiah came to the house of P.W. 1 and at that time P.W. 1 was sleeping. She was woken up, called outside by catching hold of her hands and bolted the doors from outside keeping the children and relatives of P.W. 1 inside. The children and the relatives cried as to where she was being taken. It is also the case of the prosecution that P.W. 1 was taken to vacant site in front of the house and the appellant/accused threatened P.W. 1 that excise case would be filed and when P.W. 1 pleaded ignorance the appellant/accused insisted for an amount of Rs. 1,000 / - and P.W.I expressed her inability to pay the same. Then the appellant/accused sent the other person and he came to P.W. 1 saying that he had a desire to have sexual intercourse with her. P.W. 1 prayed him that she was not such type of woman and also prayed to show mercy on her. The appellant/ accused caught P.W. 1 and took her to the nearby babul trees. P.W. 1 also raised cries. The appellant/accused outraged her modesty and also committed rape on P.W. 1 by using force. Dasaradha Ramaiah witnessed the incident and he told P.W. 1 that the appellant/accused lost his wife and as such he committed the offence and asked P.W. 1 not to reveal this to anybody. On 25-12-1995 at about 10.30 a.m. V.A.O. Rentachintala came to Rentachintala Police Station along with P.W. 1 and presented a report to P.W, 11, S.I. of Police, Ex.P-1. P.W. 11 registered Crime No. 135/96 under Sections 376 and 377 r/w. Section 34 IPC. Ex.P-10 is the FIR and he had sent the FIR copies to all the concerned. Then P.W. 1 was sent to Government Hospital, Gurazala for medical examination. On 25-12-1995 at about 11 a.m. on receipt of information about the crime, P.W. l4 theC.I. of Police visited Rentachintala Police Station and had taken up the investigation. P.W. 1 was present in the police station and P.W. 14 recorded the statement of P.W. 1. At about 12'O clock P.W. 14 went to the scene of offence, examined the scene of offence and drafted observation report. Ex.P-3 is the said observation report. P.W. 14 also examined the other witnesses and recorded their statements. P.W. 8, the Civil Asst. Surgeon, Government Hospital, Gurazala examined P.W. 1 on 25-12-1995 at 3 p.m. and opined that there are signs of attempted rape. Ex.P-4 is the certificate issued by P.W. 8. Ex.P-5 is the F.S.L. report. On 14-2-1996 at about 16.30 hours, the appellant accused appeared before P.W. 14, the Circle Inspector at Circle Office, Gurazala and P.W. 14 arrested the appellant / accused and sent him to Government Hospital, Gurazala for medical examination. P.W. 14 examined the appellant/accused. Ex.P-11 is the certificate issued by P.W. 12 and the appellant/accused was sent to judicial custody and after completion of investigation, the charge sheet was filed.

(3.) In support of the case of prosecution, P.W. 1 to P.W. 14 were examined and Exs.P-1 to P-12 and M.Os. 1 to 3 were marked. Exs.D-1 and D-2 also had been marked. On appreciation of the evidence available on record, the learned Assistant Sessions Judge, Gurazala ultimately had arrived at the conclusion that the guilt of the appellant/ accused is proved beyond all reasonable doubt and convicted and sentenced him to undergo Rigorous Imprisonment for ten years and also to pay a fine of Rs. 5,000/-, in default of payment of fine to undergo Simple Imprisonment for six months. Aggrieved by the same, the present Appeal is preferred.